Leaf v. Gonzalez: Divisional Court Upholds Eviction for Marijuana Use
Divisional Court upholds LTB eviction order for tenants smoking marijuana, affecting landlords' children's health
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$3,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Jun 30, 2023
Dispute Summary
Tenants appealed a Landlord and Tenant Board order terminating their tenancy and evicting them due to smoking marijuana in the rental unit, which affected the health of the Landlords' children. The Tenants argued that the notice of termination was invalid and that they were barred from providing evidence at the hearing.
Determinations
- The appeal does not raise questions of law alone
- The notice of termination was valid and provided sufficient details
- There was no procedural unfairness to the Tenants
- The Board's intervention in questioning was appropriate
- The Landlords proved their case regarding marijuana smoking and its effects
Case Study
The court found that the appeal did not raise questions of law alone, which are required for appeals from the Landlord and Tenant Board. The sufficiency of the notice was dependent on the circumstances of each case, and the notice provided was found to be adequate. The court also determined there was no procedural unfairness to the Tenants arising from the notice.
Arguments and Actions
Landlord
Arguments
Landlords argued that the notice of termination was valid and contained sufficient details for the Tenants to know the case against them.
Actions
Landlords provided a meticulously detailed notice with numerous dates when marijuana was smoked by the Tenants, causing health issues for the Landlords' children.
Tenant
Arguments
Tenants argued that the notice of termination was invalid due to lack of specific times of marijuana use, and that they were barred from providing evidence at the hearing.
Actions
Tenants admitted that they smoked marijuana in the rental unit.
Aggravating Factors
Tenants admitted to smoking marijuana in the rental unit, which affected the health of the Landlords' children.
Decision Summary
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's decision to terminate their tenancy and evict them. The court found that the appeal did not raise questions of law alone, which are required for appeals from the Board. The court upheld the Board's decision that the notice of termination was valid and that there was no procedural unfairness to the Tenants.
Adjudicator Details
Divisional Court
Total Orders
3
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$3,000
Costs awarded to Respondents
Total Owing
$3,000 (Owed to Landlord)
Source
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